The defense of former Minister Walter Braga Neto appealed the decision of Minister Alexandre de Moraes, of the Federal Supreme Court, which determined the end of the criminal procedure against the coup plot. The lawyers consider that they have the right to file another appeal against the conviction, which Moraes denied.
Last week, Moraes rejected two different appeals from Braga Neto: the ban on infringement, used to challenge decisions not taken unanimously, and the second ban on clarification, which serves to clarify doubts, contradictions or omissions.
The Minister considered that there was no possibility of further appeals and ordered the issuance of the so-called final ruling on the criminal case. He thus ordered the start of the punishment for Braga Neto and six other defendants, including former President Jair Bolsonaro (PL).
Braga Neto, who was sentenced to 26 years in prison, is serving his sentence in Vila Militar in Rio de Janeiro, where he has been detained in pretrial detention since December last year.
This Tuesday, Braga Neto’s defense filed a procedural appeal, asking Moraes to review his decision or accept the appeal for analysis by the plenary session of the Specialized Technical Committee.
Lawyers have challenged the understanding that contrary bans can only be brought if there are two votes in favor of acquittal. At the coup plot trial, only Minister Louise Fuchs agreed. This jurisprudence has been established by the STF since 2018, but is not present in the Court’s Regulations.
On Friday, Bolsonaro’s defense also presented the dissenting bans, even after the case ended, with arguments similar to those made by Braga Neto. There has been no decision yet from Moraes.